My CPA was handling my payroll and taxes for my small business. She withheld taxes that were to be paid quarterly to the state division of unemployment as well as quarterly filings. She did not pay the money to the state and neglected to submit the required filings , all of this was for 2016. The state has placed penalties on my acct and state that i owe 1500.00 in back withholding to the division of unemployment. She withheld the money from our payroll checks but never sent it in. She refuses to respond to my texts, emails, and phone calls. She finally did file the numbers, but has not made any payments that are due. this has caused me great stress and loss of sleep.I sold this business in May of 2017 but this money is still owed.
You need to immediately sue your CPA and try to freeze their accounts without their knowledge and proceed to recover your funds.
Yes, your CPA is guilty of theft and you can sue her for any amounts withheld and not remitted to the proper taxing authority. Unfortunately, though, you are still responsible for the tax due, even though she stole the funds. If you end up owing more than you can pay right now, you may have to negotiate a payment plan (s) with the appropriate taxing authorities. You should probably engage the services of a tax professional -- CPA, enrolled agent, or tax attorney -- to represent you and help you sort this all out. Best of luck to you.
Ms. Willi is a tax attorney, CPA, and Ohio-Certified Specialist in Estate Planning, Trust & Probate Law, with offices in Westerville, Ohio. She serves client families and private business owners throughout Ohio. Ms. Willi responds to Avvo questions as a public service to help educate and provide general guidance to questioners, but her responses are not legal advice and do not create an attorney-client relationship. Her posts are provided for informational purposes only and are not a substitute for advice provided by an attorney or licensed tax professional. Her phone number is 614-890-0500 and her website is www.willilaw.com.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline